HomeMy WebLinkAbout10/22/03 TAPES #1918 & #1919 NOV j.
CITY COUNCIL MEETING MINUTES
October 22, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 22, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike Short,
Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and
Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula
Johnston; and Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Council Member Daren Ny~lren.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
agenda.
CONSENT AGENDA A. Minutes of Meeting - September 24, 2003 (#AB03-196)
B. Minutes of Meeting - October 8, 2003 (#AB03-197)
C. Minutes of Meeting - October 15, 2003 (#AB03-198)
D. Change Order No. 2 for Casad Dam Intake Tower Upgrades Project (#AB03-199)
#0025 M/S/C (McConnell/Rollman) Move to approve Consent Agenda as presented.
Voted in favor of Motion: McConnell, Nygren, Rollman, Shepherd, Younger, Maupin, Short, and
Arends
Abstained: Olsen
Motion carried: 8-Yes; 1-Abstention
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0060 MIS/ClU (McConnell/Olsen) On October 22, 2003, the Council approved payment for Check
Numbers 285144 through 285371; and EFT-7895 through EFT-7902 in the total amount of
$1,824,631.59; and Regular Payroll in the amount of $916,734.48 for the pay period ending
October 15, 2003.
COUNCIL MEMBER REPORTS
Will Maupin reminded citizens about the District 6, 7, 8 & 9 Community meeting that would be
held tomorrow night on October 23, from 7:00 to 8:30 P.M. at the Public Works & Utility facility
located at 100 Oyster Bay Drive to discuss "PASSENGER ONLY FERRIES".
Eric Youn~ler mentioned that there is a public meeting on Thursday, October 30t~ at 7:00 P.M. in
the Council Chambers regarding a 25-unit planned unit development project that a developer
would like to build on the corner of 25~ & Wyceff Streets. He clarified that no application has yet
been submitted, but this is an opportunity for the public to comment on this proposed
development. If additional information is required, citizens may contact the developer Mr.
Goldberg at (206) 524-4846 or City Planner Robert Grumbach at (360) 473-5379.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 2 of 8
Mike Shepherd asked that anyone interested in volunteering to plant trees along the SR3 corridor
to please contact Don Larson, Council Member Nygren, or himself; reported that the Evergreen
Rotary Park transformation will be recognized at the BROWNSFIELDS CONFERENCE being held in
Portland next week; and lastly, offered condolences to the family of Winnie Trumper, who passed
away this week.
Ed Rollman announced that a "METH LAB SUMMIT II" is the scheduled Program for the next District
4 meeting tomorrow night on October 23, from 7:00 to 8:30 P.M. at the Washington Mutual
Building located at 5th & Pacific. He also informed any citizens interested in seeking employment
with OPUS NORTHWEST may call (425)453-4100.
Daren NyRren announced that the District 3 meeting originally scheduled for Saturday, October 25
has been cancelled; but the next District 3 Meeting would be held on Tuesday, November 25
starting at 7:00 P.M. at the Manette Senior Center.
Cecil McConnell reminded citizens that the next District 1 & 2 Town Meeting would include an
opportunity to participate in a "QUESTION & ANSWER PERIOD" on "LOCAL CONCERNS & ISSUES"
Thursday, October 23 from 5:30 to 8:00 P.M. with special guest Gene Sampley, Director of Public
Works & Utilities.
Wayne Olsen encouraged all citizens to attend the District 1 & 2 Town Meeting, and explained
that the district meetings are for all citizens, and not limited to the residents of any given district.
Carol Arends. commented on the neighborhood forum that was held on Monday, October 20
regarding the proposed site for the "FACILITY FOR HOMELESS MEN". She also hoped that citizens
would come to the District 6, 7, 8 & 9 Community meeting that would be held tomorrow night to
receive information about the Ferry Initiative.
MAYOR'S REPORT - Mayor Bozeman...
· Introduced Judge Paja from Kitsap County Superior Court; Dayle Crane, Kitsap County
District Court Director of Probation and former President of MCA; and lan Cohn, Bremerton
Probation Officer who presented City of Bremerton Municipal Court Judge with an award
for being selected as the '2003 Most Valuable Player Outside Misdemeanant Corrections
Association";
· Was pleased to report that at the completion of their audit of the City, the State Auditor's
Office found the City of Bremerton to be in compliance for the past year;
· Thanked the Public Works and Fire Departments for their efforts to help citizens during the
recent storms and flooding;
· Commented on the Transportation Commission Meeting he attended earlier today and
emphasized the importance of having a transportation plan to deal with evident problems
like traffic and ferry schedules; and
· Proclaimed October 19 through 25, 2003 as "YWCA Week Without Violence"; which
was accepted by representatives of YWCA.
PUBLIC RECOGNITION - There were no comments tonight.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 3 of 8
8A - PURCHASE~ SALE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
BREMERTON AND THE PORT OF BREMERTON (#AB03-200): Gary Sexton, Director of
Economic Development, explained that this agreement is primarily a pass through agreement for
the construction of the Port of Bremerton's Harbor Master Facility by OPUS in the Bremerton
Harborside Project. All construction costs are paid by the Port of Bremerton. The costs for survey
and title transfer are equally divided between the City and the Port. The agreement reconfirms the
City's providing 10 parking spaces on Second Street and/or east of Washington Avenue that were
lost when the old parking lots were removed. This contract will result in an additional facility to the
waterfront development and will facilitate additional work in the downtown area.
There were no comments from the public.
Mr. McConnell asked if dedicating parking spaces on the street would be in conflict with the
Traffic Ordinance. Mr. Lubovich responded that the issue would need to be addressed if the
parking spaces are in the right-of-way. He explained that any changes to the contract that may be
needed so that the agreement will comply with state law can be made post passage or a
previously developed alternative may be implemented. Mr. Sexton explained that there is a "time
sensitive" schedule for this project. Also, to address the concerns on parking spaces, he added
that those spaces which were originally dedicated for this project may be added to off-street
parking spaces if the option of the right-of-way parking space dedication is not viable.
#1075 M/S/C/U (McConnell/Olsen) Move that the Mayor be authorized to sign the City of
Bremerton/Port of Bremerton Purchase, Sale and Development Agreement on behalf of the City of
Bremerton, including non-substantive modifications as may be approved by the City Attorney and
Director of Economic Development.
9A - PUBLIC HEARING AND RESOLUTION NO. 2910 TO CONTINUE MORATORIUM ON
"GROUP RESIDENTIAL FACILITIES" (#AB03-20t): City Attorney Roger Lubovich, reminded
Council that on September 24, 2003, the City Council adopted Resolution No. 2908 imposing a
moratorium barring acceptance for any building, land use, or development permit of approval for
Class I and Class ]] Group Residential Facilities as defined in B.M.C. Section 22.02.070 until
additional review has been completed and any necessary code revisions have been adopted.
R.C.W. Section 35.63.200 provides that a city adopting a moratorium shall hold a public hearing
within 60 days of adoption of the moratorium. The moratorium expires October 22, 2003, unless
continued by the City Council following the hearing. The proposed resolution adopts Findings of
Fact and continues the moratorium until March 23, 2004, to allow time to complete review and to
make any necessary code revisions. He recommended that the Council not continue the
moratorium with respect to handicapped individuals and facilities providing services for
handicapped individuals. Options may include: 1) Continue the moratorium; or 2) Extend the
moratorium with an exception being made to handicapped individuals to be in compliance with the
Federal Housing Act; or 3) Let the moratorium expire and process applications accordingly.
The following is a summary of the comments received by the public...
Father Freitag, Our Lady Star of the Sea Church, explained that he takes pride in the community
and would like the community to stay beautiful. He emphasized the importance of a homeless
men's shelter in the community and would like to see people treated well and with dignity.
Virgil Elkinton urged the Council not to pass the moratorium.
Pastor Earl Rice, Bremerton First United Methodist Church, encouraged the Council to allow the
community to help others who are in need of such services.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 4 of 8
Larry Mueller provided testimony on what it was like being homeless, and urged compassion.
Sister Pat Millen, Catholic Community Services, defined homelessness and would like the
Council to consider the needs of these individuals and to not continue the moratorium.
VirRinia Smith asked that the community be given an opportunity to get to know the homeless
people.
Lisa Turek is a resident in the area where the proposed facility would be located and was not
opposed to the facility but rather the location for the facility. She emphasized that there are
children in the neighborhood and that their safety should be seriously considered, and suggested
that other locations be considered.
Denny Hunthausen, Catholic Community Services, pointed out that the homeless issue must be
acknowledged since this is a problem on a national scale. Due to the timing of this moratorium
with the recent proposed shelter project, he asked the Council to oppose the moratorium.
Tiny Collins surveyed the citizens in attendance to see who has seen the proposed project site
and who actually lives in that area. He commended Mr. Lubovich for his work on the ordinance
since the moratorium would allow the City to review what effects these kinds of projects may have
on neighborhoods.
Dan Turek would like to emphasize that there are some negatives to this proposed project when a
shelter is brought into a neighborhood with single family residences and children. The City should
do something that will really impact the homelessness issue.
Athena Hi_oains mentioned that she is an advocate for the homeless, but questioned the location
of the shelter. She added that the neighborhood is not equipped to provide services for such a
shelter and pointed out that the location is not close to transportation, which should be considered.
Mike Vivier discussed how other communities are solving the homeless problem and encouraged
the Council to study all of the information regarding chronic homelessness and how that may
impact the community. He asked that the moratorium be continued.
Beverly Kincaid, Catholic Community Services, summarized past experiences with homeless
people who moved onto jobs and to self sufficient lives. She urged the Council not to continue the
moratorium.
RoRer Allen discussed the composition of the neighborhood which included fixed income,
veterans, disabled, and citizens who wish to protect their children. He requested that the Council
extend the moratorium.
Terry Cam, Elder with Poulsbo Seventh-Day Adventist Church, emphasized that this proposed
shelter would only handle 10% of the homeless population. He added that if residents were
bussed in and out, that almost sounds like a hotel. The shelter will be visible and will affect
property values not on what is actually going on but the potential problems that homelessness may
bring. The proposed location for the shelter is wrong and something should go in that reflects the
needs of the neighborhood.
Pastor Jim Bemis, Our Lady Star of the Sea Church, expressed his opinion that a moratorium
would only create more antagonism between the City and residents, and that the homeless
problem needed to be addressed.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 5 of 8
TAPE #1919
Mr. YounRer expressed concern about the homeless issue and emphasized that we need time to
review this decision and to make sure we are in compliance with our zoning ordinances. He
explained that Planning Director Chris Hugo had suggested that the City look at this issue, and
that this precess should not take 6 months. The Council needs time to review the issue and to find
an appropriate location for the shelter.
Mr. Short announced that he is part of the Habitat for Humanity Board, and that the Habitat for
Humanity donated the property in question. He sought clarification from the Legal Department as
to whether or not there was a conflict of interest with respect to this issue. Since he would not gain
from this preposed shelter, he did not excuse himself. He agreed that the location should be
considered and the zoning ordinances need to be reviewed.
Mr. Maupin did not believe that the City had a compelling enough reason to continue the
moratorium and that the proposed location for the shelter may not be the right place. He thought
that we should all work together to figure out where the shelter should go, and that there is a public
process to deal with this issue and we should move forward in that process.
Mr. McConnell stated that it needs to be clarified whether this project is a "shelter" or a "home" for
the homeless. Shelters should not be considered under the category of group homes since
shelters are for temporary or over night residence. He concluded that the Attorney and
Community Development need to review this issue.
Mr. Rollman emphasized that this is a land use issue, and not about whether or not we want a
shelter. He asked for clarification on the Federal Housing Act and the process that Community
Development uses to review applications. Mr. Lubovich answered that if this shelter were a
group home providing social services to handicapped individuals, then the project could be
considered regardless of the moratorium. He added that the application determines the direction
of review. Any appeals of that application would be directed to the Hearing Examiner.
Ms. Arends asked for clarification on the appeal process. Mr. Lubovich repeated that there is an
appeal process within the court system but Council is not involved at the point in the process.
Mr. Olsen felt that this issue needs to be addressed in the Hearing Examiner process and that
Council does not have the authority to make decisions on specific land issues.
Mr. Shepherd concurred that the homeless issue needs to be addressed and commented that his
district in particular is affected by homeless. There is no place in the City that a shelter would not
affect a community.
Mr. Ny~lren was sympathetic to the concerns of the residents, and asked for clarification on the
action to be taken tonight on the moratorium, but added that the issue of the zoning code needed
to be considered. Mr. Lubovich reiterated his recommendation that the moratorium should not be
continued in its current form, and that the handicapped issue needs to be separated from the
homeless issue.
Ms. Arends was concerned initially with the project going forward without reviewing the zoning
code. She recommended that the Hearing Examiner handle the shelter application issue and that
more progress be made on updating the zoning code.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 6 of 8
The Council recessed from 7:30 P.M. to 7.'43P. M.
Mr. Younger asked for clarification on what options the Council may have with respect to the
moratorium. Mr. Lubovich explained that either the 1) revised moratorium be continued; or 2) the
moratorium may expire. Applications would be reviewed with respect to the proposed use and the
current zoning code.
Mr, Younger emphasized that Council must make policy issues because the code does not
discuss the issue. He recommended that the moratorium go forward so there will be time to
review the code and make the right decisions.
Mr. McConnell indicated that steps should be taken to see that a situation such as this does not
happen again.
Mr. Rollman reiterated that the zoning code is vague and that the Council needs time for review.
Mr. Ny!:lren apologized for speaking for Mr. Lubovich earlier and thanked him for his insight on the
moratorium.
Mr, Shepherd did not see any point in refining the code when those changes would not be
effective.
Mr. Short, thanked those who spoke on this issue, and that the decision as to where the shelter
would go was not being decided tonight. Mr. Olsen also thanked those who spoke on this issue.
Mr. Maupin hoped the community could work together and the moratorium may not be the proper
way to deal with the issue.
Ms. Arends recommended not continuing the moratorium.
#1225 M/S/F (Younger/McConnell) Move to pass Resolution No. 2910 continuing the moratorium
on the acceptance of applications for any building, land use, or development permit or approval for
Group Residential Facilities until March 23, 2004.
Voted in favor of Motion: Rollman, Younger, and McConnell
Voted opposed to Motion: Shepherd, Maupin, Short, Olsen, Nygren, and Arends
Motion Failed: 3-Yes; 5-No
9B - PUBLIC HEARING AND RESOLUTION NO. 29tt TO CONTINUE MORATORIUM ON
"UNLISTED USES" (#AB03-202): City Attorney Roger Lubovich, reminded Council that on
September 24, 2003, the City Council adopted Resolution No. 2907 imposing a moratorium barring
acceptance for any building, land use, or development permit of approval for Unlisted Uses, which
pursuant to B.M.C. Section 21.02.150, are not listed in Figures 120 and 140 of the zoning code, as
allowable uses by zones until additional review has been completed and any necessary code
revisions have been adopted. R.C.W. Section 35.63.200 provides that a city adopting a
moratorium shall hold a public hearing within 60 days of adoption of the moratorium. The
moratorium expires October 22, 2003, unless continued by the City Council following the hearing.
The proposed resolution adopts findings of fact and continues the moratorium until March 23,
2004, to allow time to complete review and to make any necessary code revisions.
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 7 of 8
Clarence Land expressed concern about whether or not a use is listed. He believed that there
needs to be a distinction made between a resident, a homeowner, and a non-government
organization and the types of uses by those individuals in those facilities.
Mr. Lubovich. stated that the code will be reviewed so that classifications may be specified. Not
all uses can be covered in the code and there will be some uses that do not fit into any category.
Denny Hunthausen supported setting more guidelines with respect to the zoning code and
believed that the shelter would be difficult to place in any community.
Sister Pat Millen felt that this should not be a case of the moratorium vs. the shelter, and trusts
that the Council will make the right decision.
Dave Gray supported Council's decision to review the code and to allow the process to proceed,
but did not believe that the moratorium was necessary.
Tiny Collins was concerned that the proposed shelter is being pushed off onto people who may
not want that project to proceed, and that the Hearing Examiner only addresses the legality of the
applications. Mr. Lubovich paraphrased that the Hearing Examiner does take public testimony
and does review the applications with respect to the law.
Father Freitaq stated that we need to collaborate to meet our needs.
Mr. McConnell supported the moratorium since Community Development currently does not have
clear guidelines to go by to review the proposed uses and we need time to set those guidelines.
Mr. Rollman asked if criteria used by Community Development to look at similar uses conditions
will hold up to State and local laws.
Mr. Lubovich responded yes, that he was comfortable with the guidelines used by the Community
Development Director.
Mr. Shepherd said that addressing the criteria issue is overdue. However, the issue may best be
solved by ordinance. Per Mr. Lubovich that ordinance has already been developed.
Mr. Younger asked if public testimony is taken during all hearing examiner hearings and if rulings
are handed out. Mr. Lubovich responded yes, testimony is taken and that the Council Member
would have to ask the examiner about rulings.
Mr. Short stated that Council Members do not have the knowledge to address land use issues and
should leave those decisions up to the hearing examiner.
Mr. Maupin and Ms. Arends emphasized that a moratorium would do no particular good at this
point in time.
#2420 M/S/F (Younger/McConnell) Move to pass Resolution No. 2910 continuing the moratorium
on the acceptance of applications for any building, land use, or development permit or approval for
Unlisted Uses until March 23, 2004.
Voted in favor of Motion: Younger, Olsen, and McConnell
Voted opposed to Motion: Shepherd, Maupin, Short, Nygren, Rollman, and Arends
Motion failed: 3-Yes; 6-No
TAPES #1918 & #1919
City Council Reg. Mtg. Minutes
October 22, 2003
Page 8 of 8
With no further business, the regular meeting of the City Council was adjourned at 8:30 P.M.
Prepared and Submitted by:
CHI~ISTINE GRENIEF~ ELLING~SON '
Council Assistant
Attest:
PAI~LA JOHNS~'~)~I~ 'DepUty City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNPJ/cge/Is